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Regulatory capabilities: A normative framework for assessing the distributional effects of regulation

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  • Fabrizio Cafaggi
  • Katharina Pistor

Abstract

This paper develops the normative concept of “regulatory capabilities.” It asserts that nobody – individuals, groups, or entities – should be subjected to a regulatory regime without some freedom to determine its nature. Self‐determination in this context means the ability to accept or reject a regulatory regime imposed by others or to develop viable alternative approaches. We use the term “regulatory capabilities” to capture the importance of enabling conditions for regulatory self‐determination. This is particularly important in the transnational context where private, hybrid public–private, and public actors compete for influence, shape domestic regulation, and, in doing so, limit the scope for democratic self‐governance. In short, this paper seeks to contribute to the general debate on the normative foundations of and the requisite conditions for transnational regulation and governance.

Suggested Citation

  • Fabrizio Cafaggi & Katharina Pistor, 2015. "Regulatory capabilities: A normative framework for assessing the distributional effects of regulation," Regulation & Governance, John Wiley & Sons, vol. 9(2), pages 95-107, June.
    • Handle: RePEc:wly:reggov:v:9:y:2015:i:2:p:95-107
    DOI: 10.1111/rego.12065
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    References listed on IDEAS

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    3. Sandra Lavenex & Flavia Jurje, 2021. "Opening‐up labor mobility? Rising powers' rulemaking in trade agreements," Regulation & Governance, John Wiley & Sons, vol. 15(3), pages 598-615, July.
    4. Andersson, Martin & Palacio, Andrés & von Borries, Alvaro, 2022. "Why has economic shrinking receded in Latin America? A social capability approach," Lund Papers in Economic History 236, Lund University, Department of Economic History.
    5. Schoneveld, George C. & Weng, Xiaoxue, 2023. "Smallholder value creation in agrifood chains: Value network approach," Land Use Policy, Elsevier, vol. 131(C).
    6. Nebbiai, Matteo, 2022. "Intermediaries do matter: Voluntary standards and the Right to Data Portability," Internet Policy Review: Journal on Internet Regulation, Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin, vol. 11(2), pages 1-28.

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